LinkedIn and hiQ Labs agreed to a consent judgment and permanent injunction to resolve all data scraping related claims after six years of litigation. This news follows last month’s summary judgment win by LinkedIn on its breach of contract claim against hiQ, based on a finding that hiQ’s data scraping and use of fake profiles violated LinkedIn’s user agreements.
Continue Reading LinkedIn’s Data Scraping Battle with hiQ Labs Ends with Proposed Judgment
Welcome to the 2022 Q3 edition of the Artificial Intelligence & Biometric Privacy Report, your go-to source for keeping you in the know on all recent major artificial intelligence (“AI”) and biometric privacy developments that have taken place over the course of the last three months. We invite you to share this resource with your colleagues and visit Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets and Privacy & Data Breach Litigation homepages for more information about our capabilities and team.
Also, we are extremely pleased to announce that our own Kristin Bryan was named as a 2022 Law360 Cybersecurity & Privacy MVP. As Law360 notes, “[t]he attorneys chosen as Law360’s 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” You can read more about Kristin’s Law360 award here: Law360 MVP Awards Go to 188 Attorneys From 78 Firms.Continue Reading 2022 Q3 Artificial Intelligence & Biometric Privacy Report
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
Have You Updated Your French B2C T&Cs Yet? | Consumer Privacy World
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
We have been covering the hiQ-LinkedIn data-scraping saga for several years now on CPW. (See previous posts here, here, here, and here).
After well-publicized litigation that made its way to the Supreme Court and back again, the United States District Court for the Northern District of California ruled[1] that the provisions of a website user agreement that prohibit anti-scraping and fake profiles are enforceable in a breach of contract claim. Businesses should take note and ensure that their own conduct enforces their terms and conditions in order to prevent violators from successfully claiming affirmative defenses. If a business knows of a violation, and wants to have enforceable terms, it should pursue remedying that violation.Continue Reading Federal Court Rules in Favor of LinkedIn’s Breach of Contract Claim after Six Years of CFAA Data Scraping Litigation
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
A federal court recently sanctioned defendants for spoilation of evidence in litigation. In doing so, the Court rejected the Defendant’s argument that they changed their data settings in good faith to align with the California Consumer Privacy Act of 2018 (“CCPA”) and the International Standard of Operation Compliance (“ISO”). 2022 U.S. Dist. LEXIS 178233 (N.D. Ohio Sep. 29, 2022). Read on to learn more.
Continue Reading Federal Court Sanctions Company for Spoilation of Evidence Over Arguments Data Settings Changed to Comply with CCPA and ISO Requirements
CPW’s Kristin Bryan was recently interviewed about “BIPA and Forthcoming Changes to Biometric Privacy Laws” on the LexisNexis Practical Guidance Podcast’s third episode of the Data Privacy Series. During her interview with Kevin Hylton, who hosts the podcast, Kristin sets the stage for the rise in BIPA class action claims in areas such
The Federal Trade Commission (FTC) has applied increasing scrutiny to the issue of cybersecurity, after announcing this spring that a failure to provide accurate and timely notice of a data breach could constitute an unfair or deceptive practice under Section 5 of the FTC Act.
Continue Reading CPW’s Kristin Bryan Interviewed by the Washington Post Regarding the FTC’s Focus on Cybersecurity
Last month a California appellate court affirmed (for the first time among any state appellate courts to consider the issue) the lower court’s denial of class certification for claims brought under the Confidentiality of Medical Information Act (“CMIA”) in the wake of a data breach. Vigil v. Muir Medical Group IPA, Inc., 2022 Cal. App. LEXIS 860 (Cal. App. Ct. Sep. 26, 2022). Given the general receptiveness of California courts to similar claims, this decision is notable in several respects, outlined in additional detail below.
Continue Reading California Appellate Court In Ruling of First Impression Affirms Denial of Class Certification in Data Breach Involving Confidential Medical Information